3. Our lawyer, Virginia Maclean, sent a letter on October 7 to the MOE, the MNR, and the MMAH. She dealt with three areas of concern: Compliance With The Municipal Act, 2001, and the Planning Act; Municipal Dump; Environmental Impacts. Her letter discusses a series of issues which have not been resolved to the satisfaction of V V.
Here is the reply from Drew Young (MNR) on October 26 and October 28.
AND read the November 03 response from Gayla Campney of the MOE here.
I don't know exactly what you mean by a deadline on the application. Applications can run anywhere from a couple of years to up to seven years or more from the time the proponent start to prepare the required reports.
The SVA application has completed the notification and consultation period of the application process which occurs over an approximate two year time period from the date of advertising the application. This period can be extended depending on other agencies review of the application. For example, the planning matters are still being addressed by the municipality. However, the MNR district office is currently finalizing review of all comments/objections and will most likely be making a recommendation to our Minister that the application be referred to the Ontario Municipal Board (OMB) for a hearing. The OMB would then schedule a hearing which could be another year give or take.
In addition to the licence application there is also the planning
Any decision on the licence application is dependant on the outcome of the planning matters.
I am not sure what you mean with your comments about a lack of ability to restrict below water extraction. All new applications are either for an above water or a below water operation. If you obtain a licence for an above water operation then you are restricted to remaining above water. You may apply for an amendment to go below water but it will be subject to comments from the municipality, the Ministry of the Environment, the local Conservation Authority and from the Environmental Bill of Rights posting. ( Read the legal opinion regarding below water table extraction -VV) In addition to below water amendments, all major amendments are circulated to the Municipality for their comments.
Hope this addresses your questions but should you have any further questions let me know.
Aggregate Resources Specialist
Peterborough Area Team
• The Planning Meeting is Dec 21, 2005* at which if passed the Zoning would be changed.
Per the BoD's Instructions, Chuck did not comment. Mr. Finley will see that VV gets a copy of the Agreement although no date was set for when.
*The December dates are tentative. According to Robin there must be 10 days between the zoning bylaw change and the Planning meeting.
Thank you for your E-mail of October 25, 2005 about the closed landfill site on Turk Road in the Township of Alnwick/Haldimand and the application under the Aggregate Resources Act by Shelter Valley Aggregates Limited.
Please be assured that the issues raised by the legal firm Willms & Shier are being reviewed in detail by this Ministry. As the original letter from the legal firm was sent to Ms. Virginia West, Deputy Minister of Environment, a detailed response to the legal firm from Ms. West is being prepared. To ensure that you, as President of The Valley Voices Residents Association, receive the information as soon as available, I have requested that a copy of this letter also be sent directly to you.
I encourage you to review the information we will be providing you. If you have any questions, Mr. Allan Oberholzer, Area Supervisor, Peterborough District Office at 705-755-4307 has detailed knowledge of the file and will be pleased to assist you.
Thank you again for bringing this matter to my attention.
Ministry of Environment